Blogs

Divorce and Family Law

Coronavirus and Custody: Implications of Stay at Home Orders

On March 23, 2020, Governor Northam issued Executive Order 53, and a week later issued Executive Order 55, which together have defined the Commonwealth’s stay at home regulations for individuals and businesses. In our last posting prior to Executive Order 55, we opined that custody orders should still be followed even where there was no direct guidance from the government as to how the stay at home order would impact existing custody orders. Fortunately, Executive Order 55 allows people to…

April 20, 2020

Divorce and Family Law

ER Doctor’s Temporary Loss of Custody and a Possible Path Forward

In a stunning decision in the 11th Judicial Circuit last week, emergency room doctor Theresa Greene lost temporary custody of her 4-year-old daughter solely because of her profession and potential risk of exposure to COVID-19. Judge Bernard Shapiro suspended Dr. Greene’s 50/50 custodial rights based upon the virus outbreak, despite Dr. Greene’s assurances she has repeatedly worn protective equipment and has tested negative for the virus. The Miami Third District Court of Appeals temporarily…

April 20, 2020

Divorce and Family Law

COVID-19: Daycare is Closed. Does My Child Support Obligation Change?

Due to the current COVID-19 (Coronavirus) pandemic, many childcare providers are closed. One of the factors considered by a court in determining the appropriate amount of child support is the cost of work-related childcare. If there is no work-related childcare cost, or it has materially changed, a parent can petition the court for the modification of child support to reflect the child’s current actual financial needs. You should consider, however, whether seeking to modify child support based…

April 1, 2020

Divorce and Family Law

COVID-19: I Lost My Job and/or am Furloughed. Can I stop paying child support while I am unemployed?

The short answer is no. Many people are facing job loss, furloughs, and economic uncertainty during this COVID-19 (Coronavirus) pandemic. If you lose your job and/or are furloughed, the amount of child support you pay or receive typically does not automatically change, however, this may constitute a material change of circumstances that would allow you to modify child support. To modify a child support order, the party requesting the modification must show there has been a “material change in…

April 1, 2020

Divorce and Family Law

Coronavirus and Custody: What You Need to Know During the Crisis

The recent pandemic has fundamentally changed virtually every aspect of our society. On the health, education, business, and economic levels, COVID-19 is dramatically impacting us in many ways. Family law attorneys and their clients are also confronted with novel and different challenges. Parents have many questions about how COVID-19 impacts existing custody agreements and whether and how to account for these challenges in the future. The following are some of the frequently asked questions…

March 29, 2020

Divorce and Family Law

Do You Have a Pre-Nuptial Agreement that Has a Provision for Alimony?

If you have questions concerning this article, please contact one of the attorneys listed here. Then you need to read this. The new Federal income tax law could affect you in a big way. For divorces after December 31, 2018, alimony will no longer be tax deductible by the person who pays it. Nor will it be taxable to the person who receives it. Everyone hopes that their marriage will last forever, but in the event yours ends in divorce, alimony – also called spousal support – could be an issue.…

March 2, 2018

Divorce and Family Law

The Seven Things You Wish You Knew At the Beginning of Your Divorce

In my spare time, I host a workshop on the separation and divorce process, bringing together professionals who help people through this difficult time in their lives. From therapists to financial planners, private investigators and me, the lawyer, we try to provide helpful information for the participants who are beginning this journey so they can learn from the mistakes we have seen others make. Often, other speakers have themselves gone through the process. When such a speaker attends, he or…

October 7, 2015

Divorce and Family Law

Family Law Attorney and Counsellor at Law

In a recent custody proceeding, my co-counsel and I picked up on the fact that the father and mother were noticeably absent from the child’s birthday photos the father’s counsel introduced in evidence. Relying upon a hunch, we explored this topic in cross-examination. In her ruling, the judge indicated that her disgust with the fact that the father did not attend and prevented the mother from attending the boy’s birthday party significantly impacted her decision. It was a calculated gamble…

April 29, 2015

Divorce and Family Law

Protective Orders in Virginia

As I am writing this article, it is the day after the first week of NFL football games. The sole topic on the cover of sports websites, discussed on sports radio shows and covered on ESPN and other sports channels is the video in which Ray Rice brutally knocked his fiancé unconscious inside of a Las Vegas casino elevator. While this incident is both graphic and extremely unfortunate, it reminds the greater public what many family law attorneys already know to be true: domestic violence is…

October 8, 2014

Divorce and Family Law

New Child Support Guidelines under Virginia Code Section 20-108.2: What do They Mean for You?

Recent updates to Virginia’s child support guidelines under Virginia Code § 20-108.2 introduced changes that directly affect how support obligations are calculated, particularly in cases involving shared custody and adjustments for certain expenses. In this Bean, Kinney & Korman article published in the BKK Family Law Newsletter, Christian M. Lapham explains how the revised formula alters the allocation of parenting time and financial responsibility, potentially increasing or decreasing…

May 1, 2014